The ongoing multi-starrer soap opera concerning the goings on within the
Central Bureau of Investigation (CBI) is getting ever more curious. The organisation seems to be imploding and skeletons are tumbling out of the closet like confetti. Perplexingly, for the Government, those who were expected to quietly disappear into the woodwork have suddenly found the courage to speak up and demand to be heard.
Not unexpectedly, the first casualty of all this was Union Finance Minister Arun Jaitley’s talk of “maintaining institutional integrity”. Not that his explanation was particularly credible in the first place as the Government had already shot itself in the foot by appointing a predominantly controversial officer as the Interim Director. Interestingly, the Central Vigilance Commissioner, KV Chowdhary, who was entrusted with the supervision of the CBI by the Supreme Court, also found himself woefully exposed in the spotlight with little to commend his actions in this affair. This is clearly borne out by the directions of the apex court, despite stating that its “entrustment of supervision of the on-going enquiry by the CVC to a former judge of this court is a one-time exception, which has been felt necessary by this Court in the peculiar facts of this case and should not be understood to be casting any reflection on any authority of the Government of India”. These words are reminiscent of that famous “But Brutus is an honourable man” speech by Mark Anthony at Julius Caesar’s funeral, whom Brutus helped kill. Chowdhary would do well to recall where that speech got poor Brutus!
For those who have closely followed the manner in which the Armed Forces, arguably the last functional institution within the country, have been eviscerated over the past four years by this Government, the visible dysfunction within the CBI should not come as much of a surprise. What, of course, is a pleasant change is that unlike the complete absence of any serious objection, except from veterans, against all manner of indignities being heaped on the military, there has been vociferous opposition to what is aptly being referred to as a “midnight coup” at the CBI.
This is understandable given that politicians, whatever their ideology, are always looking for ways to subvert the criminal justice system, of which the CBI is an important edifice, to accomplish their own nefarious designs. Why else would the CBI have been referred to as a “caged parrot” a few years ago?
One can rest assured that as long as we continue to elect those facing serious criminal charges, like rape and murder, to Parliament, just and equitable governance will remain a pipedream. Given the CBI’s sinister influence, it is no wonder then that every Government of the day looks to appoint a suitably malleable Director, especially on the eve of elections, for obvious reasons.
Jaitley’s suggestion of the fiasco within the CBI being the result of an ego-driven vulgar public slugfest between the Director Alok Verma, and his deputy Rakesh Asthana, does not cut much ice. While a clash of egos may well have been the immediate provocation, there appears to be much more at stake than what meets the eye. From documents that have appeared in the media, Verma appears to have been well justified in opening a probe against Asthana. Clearly, given the emphasis Prime Minister Narendra Modi publicly places on fighting corruption, the Government should have unequivocally supported the Director’s action, even more so because Asthana was from the Gujarat Cadre and had previously worked under Modi. That the Government did not do so and instead acted with haste to derail the ongoing investigation by de facto replacing the Director, and transferring the Investigating Officer to the Andaman and Nicobar Islands, puts a question mark on its motives.
In the forthcoming elections, the need to appoint a ‘suitable’ replacement for the outgoing Director is a dire necessity in order to contain the fallout of the Rafale controversy. This is inextricably linked to its actions and the reason why Verma finds himself fighting a lonely, uphill battle against the might of the Government. Whatever may be the outcome of the present imbroglio, Verma has shown us the true face of a deeply flawed organisation.
It is fairly clear that we cannot leave its revival to politicians if it is to live up to its motto ‘Industry, Impartiality and Integrity’. It is time for the civil society and all stakeholders to step up and force the political-bureaucratic establishment to truly transform the CBI into the pre-eminent investigative agency within the country that we can all be proud of. If we are unwilling to do so, we should be prepared for the worst.
This commentary originally appeared in The Pioneer.
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